Oireachtas Joint and Select Committees
Tuesday, 28 February 2023
Joint Oireachtas Committee on Housing, Planning and Local Government
General Scheme of the Planning and Development Bill 2022: Discussion (Resumed)
2:20 am
Ms Attracta U? Bhroin:
I will continue on this one really important point. Do people apply for legal aid first and then have to appeal that? What does that do to the timeframe? Do they have to go in with chilling uncertainty, which would be immediately problematic in terms of EU law and the Aarhus Convention in terms of only getting clarity after the fact? What happens about injunctive relief? The decision is live until it stands and if a person is pursuing a claim for aid so that he or she can take a case, what happens in the meantime with the development and the status of that permission? We also do not provide for injunctive relief that is not at prohibitive cost. That is a requirement of the convention.
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